H.R. 3389 – Reading Mode

111th CONGRESS

1st Session

H. R. 3389

IN THE HOUSE OF REPRESENTATIVES

July 29, 2009

Mr. Forbes introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend title 37, United States Code, to ensure that members of the Armed Forces stationed outside the United States during 2009 can take full advantage of the credits available for first-time home buyers, to provide for the waiver of recapture of the credit for members who are restationed, and for other purposes.

Short title

This Act may be cited as the Bring Assistance to Heroes Act of 2009.

Modifications of first-time homebuyer credit for military personnel

(a)

Extension of first-time homebuyer credit for military personnel stationed outside the United States; waiver of recapture of credit

Section 403 of title 37, United States Code, is amended by adding at the end the following new subsection:

(p)

Application of first-time homebuyer credit for military personnel

(1)

Section 36(h) of the Internal Revenue Code of 1986, relating to termination of first-time homebuyer credit, shall be applied by substituting December 1, 2010 for December 1, 2009 if the taxpayer (or the spouse of the taxpayer) serves on qualified official extended duty (as defined in section 121(d)(9)(C) of the Internal Revenue Code of 1986) outside the United States at any time during the 1st 11 months of 2009.

(2)

(A)

In the case of a member of the Armed Forces—

(i)

paragraph (1) of section 36(f) of the Internal Revenue Code of 1986, shall not apply; and

(ii)

paragraph (2) of such section shall not apply if—

(I)

such member receives Government orders for service on qualified official extended duty (as defined in section 121(d)(9)(C) of the Internal Revenue Code of 1986); and

(II)

such orders are received after the date of the purchase of the principal residence and before the date that paragraph (2) of such section 36(f) would otherwise apply.

(B)

Subparagraph (A) applies regardless of whether the Government orders provide for the return of the member to the original duty station at the end of such extended duty.

(b)

Effective date

The amendment made by subsection (a) shall take effect as if included in the amendments made by section 1006 of the American Recovery and Reinvestment Tax Act of 2009.